SURESH KUMAR SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioner under Article 226 of the Constitution of India against the respondent on 27. 6. 2003 with a prayer that by an appropriate writ, order of direction, the adverse remarks passed y the respondent No. 2 (Distt. Collector, Churu) on the joining report dtd. 25. 6. 2003 (Annex. 7) submitted by the petitioner to the effect that "he is not suitable for DPIP. He may be posted to any other Dept. Detailed factual position is being sent separately" may kindly be quashed and set aside and the petitioner be allowed to join his duty in pursuance of transfer order dtd. 14. 6. 2003 (Annex. 3) passed by respondent No. 1 (Director, Treasury and Accounts, Jaipur) whereby the petitioner was transferred from the office of Chief Engineer, PMC, PHED, Churu to the office of Dist. Poverty Improvement Project, Churu.

(2.) THE facts of the case as put forward by the petitioner are as under:- i) That the petitioner was initially appointed as an Accountant with effect from 26. 10. 1977 in the Treasury and Accounts Department and was posted in the office of Dist. Collector (Relief), Churu. THEreafter the petitioner was promoted to the post of Assistant Accounts Officer with effect from 19. 2. 1988 and on various positing in several Departments at last he was posted in the office of Chief Engineer, Project Management Cell, Public Health and Engineering Department, Churu. ii) Further case of the petitioner is that work of the petitioner was always found utmost satisfactory in the eye of the competent authorities which is evident from the appreciation letter (Annex. 1) dtd. 29. 4. 2003 issued by the Chief Engineer, Project management Cell,public Health and Engineer Department, Churu and the appreciation letter (Annex. 2) issued by the Study Tour on Water Study and Sanitation, International Institute of Hydrolic and Environmental Engineering and IRC International Water Sanitation Centre, Delft (Netherlands ). iii) Further case of the petitioner is that vide order dtd. 14. 6. 2003 (Annex. 3) passed by the respondent No. 1 (Director, Treasury and accounts, Jaipur), the petitioner along with some other official was transferred from the office of the Chief Engineer, PMC, PHED, Churu to the office of Dist. Poverty Management Project, Churu i. e. in the office of Respondent No. 3 ( Dist. Project manager, Dist. Poverty Improvement Project (DPIP), Churu under the control of respondent No. 2 (Dist. Collector, Churu ). iv) Further case of the petitioner is that in pursuance of the order dtd. 14. 6. 2003 (Annex. 3), the petitioner was ordered to be relieved from the office of Chief Engineer, PMC, PHED, Churu vide order dtd. 24. 6. 2003 (Annex. 4) and on the same date i. e. 24. 6. 2003, the charge of the post which the petitioner was holding was handed over to Shri Prem Prakash Chhakra. v) Further case of the petitioner is that after being relieved vide Order dtd. 24. 6. 2003 (Annex. 4), the petitioner submitted his joining report (Annex. 6) on 25. 6. 2003 before the respondent No. 3 (Distt. Project Manager, Dist. Poverty Improvement Project, Churu, but the respondent No. 3 (Dist. Project manager, Dist. Poverty Improvement Project, Churu) refused to accept the joining report of the petitioner and directed him to submit the joining report before the respondent No. 2 (Distt. Collector, Churu ). vi) Further case of the petitioner is that in pursuance of direction of respondent No. 3 (Distt. Project manager, Distt. Poverty Improvement Project, Churu), the petitioner submitted his joining report (Annex. 7) before the respondent No. 2 (Distt. Collector, Churu), but the respondent No. 2 (Dist. Collector, Churu) also refused to take the petitioner on duty and made the following remarks on the joining report dtd. 25. 6. 2003 (Annex. 7) submitted by the petitioner: " he is not suitable for DPIP. He may be posted to any other Dept. Detailed factual position is being sent separately" vii) Further case of the petitioner is that in pursuance of transfer order dtd. 14. 6. 2003 (Annex. 3) passed by the responded No. 1 (Director, Treasury and Accounts, Jaipur), the petitioner was not taken on duty and rather remarks were passed on his joining report (Annex. 7) by the respondent No. 2 (Dist. Collector, Churu) which affect his service career and further more such type of remarks about suitability or non-suitability should not have been given on the joining report and therefore, the remarks passed by the respondent No. 2 (Dist. Collector, Churu) on the joining report (Annex. 7) of the petitioner should be struck down and the petitioner should be allowed to join in pursuance of transfer order dtd. 14. 6. 2003 (Annex. 3 ). viii) Further case of the petitioner is that vide order dtd. 4. 7. 2003 (Annex. 9) passed by respondent No. 1 (Director, Treasury and Accounts, Jaipur), the petitioner who was treated under awaiting posting order was transferred to the office of Chief Engineer, PMC, PHED, Churu. ix) Further case of the petitioner is that vide order dtd. 10. 7. 2003 (Annex. 10) passed by the Chief Engineer, PMC, PHED, Churu, the petitioner was directed to submit his relieving order from the office where he remained under awaiting posting order and he was not taken on duty. x) It may be stated here that these orders (Annex. 9 and 10) have been placed on record by way of additional affidavit submitted by the petitioner on 14. 7. 2003. It may also be stated here that the orders dtd. 4. 7. 2003 (Annex. 9) and 10. 7. 2003 (Annex. 10) have been passed after notices of writ petition were served on the respondents and further more now through order dtd. 14. 7. 2003 passed by respondent No. 1 (Director, Treasury and Accounts), a request was made to the Chief Engineer, PMC. PHED, Churu that the petitioner may be taken on duty.

(3.) THERE is also no dispute on the point that when the petitioner was relieved from the office of Chief Engineer, PMC, PHED, Churu, he submitted joining report (Annex. 6) on 25. 6. 2003 before respondent No. 3 (Dist. Project Manager, Dist. Poverty Improvement Project (DPIP), Churu in compliance of transfer order dtd. 14. 6. 2003 (Annex. 3) passed by the respondent No. 1 (Director, Treasury and Accounts ).